Người trung gian chuyển tiền hối lộ có thể bị truy cứu trách nhiệm hình sự không?

You only “helped transfer money,” not directly giving or receiving a bribe… so can you still face criminal liability? This is a very real concern—especially for foreigners involved in “sensitive” transactions in Vietnam. Could your role as an intermediary be treated as complicity? And what should you do to protect yourself early on?

Intermediary in Bribery Transactions: Understanding the Risks Under Vietnamese Law

Many individuals—especially foreigners working or investing in Vietnam—find themselves “helping” transfer money for partners without fully understanding the legal consequences. A common assumption is: if you are not the one giving or receiving the bribe, you will not be held criminally liable.

However, Vietnamese criminal law approaches this issue much more comprehensively.

The law evaluates the entire role of each individual involved in a criminal act—not just the principal offender. This means that intermediaries, even if they do not directly benefit, may still face significant legal risks.

For foreigners, this risk is even higher due to:

• Differences in legal systems
• Business practices involving “informal payments”
• Lack of familiarity with Vietnamese criminal law

Intermediaries may be considered accomplices

Under Article 17 of the Vietnamese Criminal Code 2015 (as amended in 2017), accomplices are defined as two or more persons who intentionally commit a crime together. This includes individuals who aid or facilitate the commission of the offense.

In bribery-related cases, an intermediary transferring money may be seen as:

• Facilitating the act of giving or receiving a bribe
• Concealing the nature of the transaction
• Helping involved parties avoid detection

If investigators can prove that the intermediary knew the nature of the payment and still participated, that person may be held criminally liable as an accomplice in the offense of bribery under Article 364.

While the level of liability may differ from the principal offender, the consequences can still be severe depending on:

• The value of the bribe
• The level of involvement
• The role played in the transaction

What if you did not know the purpose of the payment?

This is one of the most common concerns—especially among foreigners who act under instructions from employers or business partners.

Vietnamese criminal law does not only consider the act itself but also the mental element (intent and awareness).

Authorities will examine:

• Whether you genuinely did not know, or deliberately ignored suspicious signs
• Whether there were reasonable indicators that the transaction was unlawful
• Whether you received any benefit from the transfer
• The frequency and pattern of such transactions

In many cases, “not knowing clearly” is not enough if there were obvious red flags. This may still be interpreted as indirect intent or negligence, potentially leading to criminal liability.

Importantly, lack of knowledge of Vietnamese law is generally not a valid defense, particularly for foreigners operating in Vietnam.

Legal Strategies if You Are Suspected as an Intermediary

If you or someone close to you is being invited for questioning or placed under investigation, the most important thing is not to panic—but to act strategically and promptly.

Early missteps can significantly impact the entire legal process.

What should you do when being summoned or investigated?

Many people make the mistake of:

• Explaining everything immediately without preparation
• Assuming that “being innocent” is enough
• Cooperating without legal guidance

However, every statement you make can become evidence.

Instead, you should:

First, remain calm and avoid drawing your own conclusions. Being invited for questioning does not mean you are guilty—but it should not be taken lightly.

Second, carefully review your involvement in the transaction:

• At what stage did you participate?
• Were you aware of the nature of the payment?
• Do you have documents proving the legitimacy of your actions?

Third, gather relevant evidence such as:

• Emails and messages
• Contracts and agreements
• Bank transfer records

These materials can be crucial in demonstrating your intent and level of awareness, which are key factors in criminal cases.

The role of lawyers in cases involving foreigners

Criminal cases involving foreigners in Vietnam are often more complex due to:

• Language barriers
• Differences in legal systems
• Risk of misinterpretation of statements or documents

A lawyer plays a critical role not only in court but from the very early stages of investigation.

An experienced legal team can:

• Accurately assess your legal risks
• Determine your procedural status
• Guide you in providing appropriate statements
• Protect your legal rights throughout the process

DEDICA is a law firm based in Ho Chi Minh City with extensive experience advising and defending foreign clients involved in criminal matters in Vietnam.

In practice, early legal intervention often makes a significant difference in controlling risks and outcomes.

Key precautions to avoid legal risks

To minimize exposure to legal risks, especially as a foreigner in Vietnam, you should:

• Avoid participating in financial transactions with unclear purposes
• Do not transfer money on behalf of others without proper documentation
• Ensure all payments are supported by clear contracts and descriptions
• Seek legal advice before engaging in high-value or sensitive transactions

Prevention is always more effective than dealing with legal consequences after an issue arises.

Conclusion: Do Not Underestimate the “Intermediary” Role

Acting as an intermediary in transferring bribe money is not as “safe” as many assume. In certain circumstances, it can be considered part of a criminal offense if the required elements are met.

That said, each case is different. Whether criminal liability applies depends on:

• Your level of involvement
• Your awareness at the time of the act
• The available evidence

This article is for general informational purposes only and does not constitute formal legal advice.

If you or your loved ones are being questioned, investigated, or involved in a criminal case in Vietnam, seeking legal assistance early is a critical step in protecting your rights.

Are you facing a similar situation?
Contact DEDICA Law to receive a legal strategy tailored to your case.

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